A responsabilidade civil das empresas no vazamentos de dados pessoais (incidente de segurança), em análise quanto a eficiência da Lei Geral de Proteção de Dados (lei no 13.709/2018)

Abstract

This work seeks to investigate the responsibility of companies in the leakage of personal data, considering the contributions of Law No. 13.709/2018. It is verified how the changes arising from the economic and technological development of society drive the provision of law. Constitutional protection is considered for the human person, regarding the constituent elements of their privacy and the interactions that occur in cyberspace, dealing with the issue of information security, data handling, metadata and sensitive data. It is considered the responsibility of companies regarding the security of their customers' data providing about the theory of risk. It is understood that even though there are numerous changes in legal transactions that come from the insertion of the technological variable in legal relations, the basic protection of the person undertaken by the Constitution and by the national civil society imposes corporate responsibility in cases of security incident, preserving legal security and the individual rights of people. This is exploratory qualitative research that takes place through the analysis of articles in scientific databases, books and legal norms.